Step 1: Get the employee care
Make sure the injured worker gets appropriate medical attention right away. Call 911 for emergencies. For non-emergencies, help the employee get to treatment. In New York, injured workers generally must be treated by providers authorized by the Workers’ Compensation Board, except in emergencies.
Step 2: Document what happened
While details are fresh, write down:
- The date, time, and exact location of the incident
- What the employee was doing and how the injury happened
- The body part injured and the type of injury
- Names of any witnesses
- Photos of the scene or equipment involved, if appropriate
Step 3: Report to your insurance carrier within 10 days
Under Section 110 of the New York Workers’ Compensation Law, you must report a work-related injury or illness to your carrier within 10 days if it:
- Causes the employee to lose time from work beyond the day or shift when it happened, or
- Requires medical treatment beyond ordinary first aid, or
- Requires more than two first-aid treatments.
Your insurer typically files the First Report of Injury with the Board electronically on your behalf. If it doesn’t, you file the Employer’s First Report of Work-Related Injury/Illness (Form C-2F) directly. Late reporting can lead to penalties and makes claims harder and more expensive to manage.
Tip: Report early even if you’re unsure. Prompt reporting has been shown to reduce claim costs, and your carrier can decide whether the claim is compensable.
Step 4: Keep the records
New York requires employers to keep a record of every work-related injury or illness, even minor ones that don’t need to be reported to the Board. Keep your C-2F or First Report of Injury on file for at least 18 years. You must also keep accurate records of employees, classifications, wages, and accidents and make them available to the Board on request.
Step 5: Check OSHA requirements
Separately from workers’ comp, federal OSHA requires employers to report a work-related fatality within 8 hours and an inpatient hospitalization, amputation, or loss of an eye within 24 hours. Many employers must also maintain OSHA injury logs. Check whether your business is covered.
Step 6: Stay in touch and plan the return to work
Keep in contact with your injured employee and the claims adjuster. If the doctor allows light or modified duty, offering it can help the employee recover faster and reduce lost-time costs, which also protects your experience mod.
What your employee does
Your employee should notify you of the injury in writing, ideally right away and within 30 days. They can file their own claim with the Board within two years. Lost wage benefits begin after a seven-day waiting period. If the disability lasts more than 14 days, benefits are paid back to the first day.
Required notices to post
New York employers must post proof of coverage where employees can see it:
- Form C-105, the workers’ comp notice, provided by your carrier
- Form DB-120.1, the Disability and Paid Family Leave notice, provided by your DBL carrier
These notices tell employees who your carrier is and how to report an injury.
What not to do
- Don’t pay claims out of pocket to protect your record. Paying medical bills or wages directly can leave the employee without proper benefits and expose you to penalties.
- Don’t retaliate. New York law prohibits discriminating against an employee for filing or pursuing a workers’ comp claim.
- Don’t charge employees for coverage. Workers’ comp is an employer expense.
- Don’t wait to see if it gets better. Missing the 10-day window can cause penalties and harm the claim.
Suspicious claim?
If something about a claim doesn’t add up, such as an unwitnessed injury reported right after a termination, don’t confront the employee. Report the claim as usual and share your concerns with the adjuster, who can investigate. Workers’ comp fraud is a crime in New York.
Frequently asked questions
How long do I have to report a workplace injury in New York?
Report it to your carrier within 10 days if the injury causes lost time beyond the day of the accident or requires more than basic first aid.
Do I need to report minor first-aid injuries?
You must keep a record of every work-related injury. Minor first-aid-only injuries generally don’t need to be reported to the Board unless they later require more treatment or lost time.
What if my employee doesn’t tell me about the injury right away?
Employees should give written notice within 30 days. Once you learn of the injury, your own reporting deadline applies.
Have a claim question?
Weinsurexyz clients get help reporting claims and working with adjusters. If you’re not a client yet, we can review your current workers’ comp setup.
This article is general information, not legal advice. Reporting rules can change; confirm current requirements with the New York State Workers’ Compensation Board. Weinsurexyz is a division of Liability Advisors Inc., NY License #1810943.
